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A. Applicability and Purpose. This section is to apply exclusively to the subdivision of land for duplexes, townhouses, and courtyard apartments housing development. The purpose is to allow for the creation of lots for the individual ownership of these types of housing units while applying only those site development standards applicable to the parent parcel(s) as a whole, established in AMC Title 22, Zoning.

B. Administrative Duties. The administrator of this title is authorized and directed to administer the provisions of this section. The authority to approve, approve with conditions, or deny a unit lot subdivision processed in accordance with subsection (C)(1) of this section, Administrative Classification, is granted to the city planner. The authority to approve, approve with conditions, or deny a unit lot subdivision processed in accordance with subsection (C)(2) of this section, Quasi-Judicial Classification, is granted to the city council after a public hearing.

C. Procedure. The processing of a unit lot subdivision shall be in conformance with the requirements associated with the classifications of unit lot subdivision identified below:

1. Administrative Classification. Except as provided in this section, a unit lot subdivision creating nine or less lots, tracts, or parcels shall be processed in accordance with the requirements of Chapter 19.16 AMC, Short Subdivision.

2. Quasi-Judicial Classification. Except as provided in this section, a unit lot subdivision creating ten or more lots, tracts, or parcels shall be processed in accordance with the requirements of Chapter 19.20 AMC, Subdivision.

D. Requirements for a Complete Application. The following materials shall be submitted to the city for a complete application. Any person desiring approval of a unit lot subdivision shall file with the city planner a complete application for a unit lot subdivision including a SEPA checklist, if applicable, a filing fee in an amount as required by Chapter 2.50 AMC, Fee Schedule, and the following additional information:

1. A unit lot subdivision under the administrative classification, subsection (C)(1) of this section, shall submit the materials identified within AMC 19.16.050.

2. A unit lot subdivision under the quasi-judicial classification, subsection (C)(2) of this section, shall submit the materials identified within AMC 19.20.050.

E. Approval. Prior to approving any preliminary unit lot subdivision, either the city planner or the city council, depending upon the classification of the unit lot subdivision identified under subsection C of this section, shall determine and make written findings of fact that appropriate provisions are in accordance with AMC 19.16.090 or 19.20.080, as provided by subsection C of this section.

F. General Regulations.

1. The unit lot subdivision as a whole shall meet development standards applicable to the underlying residential site development approval associated with a commercial or residential building permit as applicable, and the provisions of this section. As a result of the unit lot subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards under AMC Title 22 based on analysis of the individual unit lot. So long as the parent parcel(s) meets the criteria of the underlying residential site development plan or the dwelling units are already in existence, each unit lot will be deemed to be in conformance. If the units are already legally in existence and do not comply with the development standards, a unit lot may be created for each existing dwelling unit. Subsequent platting actions, additions, or modifications to the structure(s) may not create or increase any nonconformity of the parent parcel;

2. Unit lot subdivisions shall be subject to all applicable requirements of this title, except as otherwise modified by this section;

3. Portions of the parent parcel not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners association comprised of the owners of the individual unit lots located within the parent parcel;

4. Maximum lot coverage of the aggregate buildings located upon the parent parcel shall not exceed the maximum lot coverage permitted by the underlying zone;

5. Except for existing nonconforming development, building setbacks shall be as required for the zone as applied to the underlying parent parcel(s) as a whole. There shall be no setback required from individual unit lot lines which are interior to the perimeter of the parent parcel; provided, however, that any structure located upon a unit lot created hereunder shall comply with the setbacks applicable to the underlying residential site development plan;

6. Internal drive aisles providing vehicular access to unit lots shall not be considered public or private streets when utilizing the provisions of this section. However, in no instance can an internal drive aisle conflict with or preclude necessary circulation system improvements established by the transportation element of the Algona comprehensive plan;

7. Within the parent parcel, required parking for a dwelling unit may be provided on a different unit lot than the lot with dwelling unit, as long as the right to use the parking is formalized by an easement recorded with the King County auditor’s office;

8. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions identifying the rights and responsibilities of property owners and/or the homeowners association shall be executed for use and maintenance of common garage, parking, and vehicle access areas; on-site recreation; landscaping; underground utilities; common open space; exterior building facades and roofs; and other similar features, and shall be recorded with the King County auditor’s office. Each unit lot subdivision shall make adequate provisions for ingress, egress and utilities access to and from each unit lot created by reserving such common areas or other easements over and across the parent parcel as deemed necessary to comply with all other design and development standards generally applicable to the underlying residential site development plan.

G. Final Unit Lot Subdivision Review and Approval Process. Unit lot subdivisions receiving preliminary approval under the administrative classification under subsection (C)(1) of this section shall have a final administrative review process. Unit lot subdivisions receiving preliminary approval under the quasi-judicial classification by the city council under subsection (C)(2) of this section shall have a final review process which authorizes the city council to grant final approval under AMC 19.20.250. Each unit lot subdivision shall have a perimeter survey completed by a registered land surveyor, together with written data and materials in such form that when read together provide:

1. The information required by AMC 19.16.110 or 19.20.200, depending upon the applicable classification of unit lot subdivision identified in subsection C of this section, and all applicable review fees identified by Chapter 2.50 AMC, Fee Schedule, and the appropriate application form;

2. Documents sufficient to provide for the perpetual maintenance of all common areas; and

3. Clear indication of all covenants, conditions and restrictions applicable to the property subject to the binding site plan.

Once the city planner or city council, as applicable, has determined that the requirements identified under subsection (G)(3) of this section and this section have been met, the final unit lot subdivision and any associated or required documents shall be recorded with the King County auditor’s office. The unit lot subdivision approval shall become effective upon that recording.

Lots, parcels or tracts created pursuant to the unit lot subdivision procedure shall be legal lots of record. All provisions, conditions and requirements of the unit lot subdivision shall be legally enforceable on the owner or any other person acquiring a lease or other ownership interest in any lot, parcel, or tract created pursuant to the unit lot subdivision.

H. Notes shall be placed on the plat recorded with the King County auditor’s office to acknowledge the following:

1. Subsequent platting actions, additions, or modifications to the structures may not create or increase any nonconformity of the parent parcel as a whole, and shall conform to the approved residential site development plan;

2. The individual unit lots are not separate building sites and additional development of the individual unit lots may be limited as a result of the application of development standards to the parent parcel.

I. Conflicts. Any irreconcilable conflicts between the provisions of this section and the text of other sections of the Algona Municipal Code shall be resolved in favor of the text of this section. (Ord. 1190-21 § 2 (Exh. A), 2021).